Personal Data Protection - Opt out

On March 4, 2009, the Personal Data Protection Agency (“PDPA”) issued the Executive Order No 4/2009 (“Executive Order”) that regulates the duty of reporting the right of the Data Subject to request the opt out in every communication for advertising purposes referred to in Section 27 of the Personal Data Protection Law No 25,326 (“PDPL”) and Annex 1, Section 27 of the Regulatory Decree No 1,558/2001 (“RD”).

In this regard, Section 27 of PDPL, which refers to the treatment of personal data stored in files and databases concerning advertising purposes, set forth that the Data Subject may request the removal or blocking of its name from the database at any moment.

Likewise, Section 27 of Annex 1 of the RD states that in every advertisement made by mail, telephone, email, internet or other means of communication from a distance, the possibility of the Data Subject to request the removal or blocking of all or part of its name from the database must appear explicitly. At the Data Subject’s request, the name of the database owner or user who provided the information must be informed.

Pursuant to the Executive Order, a notice informing the Data Subject the right to remove or block all or part of its name from the database, the mechanism that has been provided for the implementation and the transcription of the regulations mentioned above must be included in every communication for advertising purposes.

Furthermore, Section 2 of the Executive Order establishes that when sending communications that were not previously asked for or consented by the Data Subject, the fact that it is an advertisement must be highlighted. If such communication is made via e-mail, the heading of the message has to include the term "advertising."

Finally, those responsible for advertising communications must have the necessary operational capacity to respond to the opt out requests made by the Data Subjects.